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short sale: Short sales and recourse status - 02/26/08 10:04 AM
I looked at the web discussions about recourse and non-recourse loans and then opened the textbook. Purchase money loans are non-recourse..even if junior lien. Subsequent loans and refis not protected by anti-deficiency measures.
The big gap in textbook and discussion on web.. 80/20 purchase money scenario that used a credit card type HELOC as the second purchase money loan. Is the HELOC recourse in this situation if the 1st position lender forecloses non-judicially?
My query regaards CA only.
(1 comments)

short sale: Short sales - 02/25/08 03:40 PM
Useful rule of thumb..average cost to foreclose 55 to 70 K
Short sale offers of less than average loss more likely accepted.
Offers should stress buyer's committment and patience with short sale process. This may prevail over a higher offer with less committment.
Buyers be advised that banks will likely retain right to have seller accept other offers (offer, not back-up) even after a short sale offer accepted. Bank name isn't on the sales contract.
For those selling short: 
A waiver of a security mutually agreed to between the lender and borrower (short seller) to avoid foreclosure may result in a secured debt becoming recourse debt (unsecured).
Original purchase money … (0 comments)

 

Gary Ginsberg

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